Local Government Act 1972

• (2) Where the name of a district which has been granted the status of a city, borough or royal borough or the name of a London borough is changed in pursuance of this section, the charter or other grant or incorporation order shall have effect as if the new name were substituted for the old.

• (2A) Where a Welsh principal area which has, by charter or other grant or incorporation order, been granted the status of a county borough, city or royal borough subsequently changes the name of the council in pursuance of this section, the charter or other grant or incorporation order shall have effect as if the new name were substituted for the old.

• (3) Notice of any change of name made under this section . . .—

• (a) shall be sent by the council concerned to the relevant Minister, to the Director General of the Ordnance Survey and to the Registrar General; and

• (b) shall be published in such manner as the relevant Minister may direct.

• (3A) Where any change of name under this section relates to a Welsh principal area, notice must also be sent to the Democracy and Boundary Commission Cymru.

• (4) A change of name made in pursuance of this section . . . shall not affect any rights or obligations of any county , county borough, district or London borough or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) If the name of a Welsh principal area is changed under this section, and there are generally accepted alternative English and Welsh forms of that name, or alternative English and Welsh names, both forms of the new name or (as the case may be) both names shall be published.

• (8) In this section the “relevant Minister” is—

• (a) in relation to the change of name of a Welsh principal area, the Welsh Ministers, and

• (b) in relation to any other change of name, the Secretary of State.

75

• (1) At the request of the parish council or, where there is no parish council, at the request of the parish meeting, the council of the district in which the parish is situated may change the name of the parish.

• (2) Notice of any change of name made under this section—

• (a) shall be sent by the district council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General; and

• (b) shall be published by the district council in the parish and elsewhere in such manner as they consider appropriate.

• (3) A change of name made in pursuance of this section shall not affect any rights or obligations of any parish or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

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• (1) At the request of the community council or, where there is no community council, at the request of a community meeting, the council of the principal area in which the community is situated may change the name of the community.

• (2) Notice of any change of name made under this section . . . —

• (a) shall be sent by the principal council concerned to the Welsh Ministers, to the Democracy and Boundary Commission Cymru, to the Director General of the Ordnance Survey and to the Registrar General; and

• (b) shall be published by the principal council in the community and elsewhere in such manner as they consider appropriate.

• (3) A change of name made in pursuance of this section . . . shall not affect any rights or obligations of any community or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

• (4) If the name of any community is changed under this section, and there are generally accepted alternative English and Welsh forms of that name, or alternative English and Welsh names, both forms of the new name or (as the case may be) both names shall be published.

77

78

• (1) In this Part of this Act—

• “electoral arrangements” means—in relation to a principal area, the number of councillors of the council for that area, the number and boundaries of the electoral areas into which that area is for the time being divided for the purpose of the election of councillors, the number of councillors to be elected for any electoral area in that principal area and the name of any electoral area;in relation to a parish or community council or a common parish or community council, the number of councillors, the question whether the parish or community or any parish or community, as the case may be, should or should not be or continue to be divided into wards for the purpose of the election of councillors, the number and boundaries of any such wards, the number of councillors to be elected for any such ward or in the case of a common parish or community council for each parish or community and the name of any such ward;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “local government area” includes the City, the Inner Temple and the Middle Temple;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .

• “substantive change” has the meaning assigned to it by section 54(1)(e) above.

• (2) In considering the electoral arrangements for local government areas for the purposes of this Part of this Act, the Secretary of State, the Welsh Commission and every Welsh principal council and district council shall so far as is reasonably practicable comply with the rules set out in Schedule 11 to this Act.

Part V — General Provisions as to Members and Proceedings of Local Authorities

Qualifications and disqualifications

Principal council's response to a community poll

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• (1) A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be elected and to be a member of a local authority ... if he is a qualifying Commonwealth citizen or a citizen of the Republic of Ireland or , in the case of a local authority in England, a qualifying EU citizen or an EU citizen with retained rights and on the relevant day he has attained the age of eighteen years and—

• (a) on that day he is and thereafter he continues to be a local government elector for the area of the authority; or

• (b) he has during the whole of the twelve months preceding that day occupied as owner or tenant any land or other premises in that area; or

• (c) his principal or only place of work during that twelve months has been in that area; or

• (d) he has during the whole of those twelve months resided in that area; or

• (e) in the case of a member of a parish or community council he has during the whole of those twelve months resided either in the parish or community or within three miles of it.

• (2) In this section “relevant day”, in relation to any candidate, means—

• (a) except in the case of an election not preceded by the nomination of candidates, the day on which he is nominated as a candidate and also, if there is a poll, the day of election; and

• (b) in the said excepted case, the day of election.

• (2A) In this section “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—

• (a) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

• (b) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

• (2C) But a person is not a qualifying Commonwealth citizen by virtue of subsection (2B)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).

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• (1) Subject to the provisions of section 81 below, a person shall be disqualified for being elected or being a member of a local authority in England ... if he—

• (a) holds any paid office or employment (other than the office of chairman, vice-chairman , deputy chairman, presiding member or deputy presiding member or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive) appointments or elections to which are or may be made or confirmed by the local authority or any committee or sub-committee of the authority or by a ... joint committee or National Park authority on which the authority are represented or by any person holding any such office or employment; or

• (b) is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) has within five years before the day of election or since his election been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

• (e) is disqualified for being a member of the relevant council under Part III of the Representation of the People Act 1983 or for being a charter trustee under the Audit Commission Act 1998, and in this paragraph “the relevant council” means the council of the county or district in which is comprised the area for which charter trustees are established by any statutory instrument made under Part II of the Local Government 1992. ; or

• (f) is incapable of being elected to or holding—

• (i) the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence);

• (ii) the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence);

• (2) Subject to the provisions of section 81 below, a paid officer of a local authority in England who is employed under the direction of—

• (a) a committee or sub-committee of the authority any member of which is appointed on the nomination of some other local authority; or

• (b) a joint board , joint authority economic prosperity board, combined authority, , combined county authority ... or joint committee on which the authority are represented and any member of which is so appointed;

shall be disqualified for being elected or being a member of that other local authority.

• (2AA) A paid member of staff of the Greater London Authority who is employed under the direction of a joint committee the membership of which includes—

• (a) one or more persons appointed on the nomination of the Authority acting by the Mayor, and

• (b) one or more members of one or more London borough councils appointed to the committee on the nomination of those councils,

shall be disqualified for being elected or being a member of any of those London borough councils.

• (2AB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) Subsection (2) above shall have effect as if the reference to a joint board included a reference to a National Park authority.

• (2B) For the purposes of this section a local authority shall be treated as represented on a National Park authority if it is entitled to make any appointment of a local authority member of the National Park authority.

• (3) Subsection (1)(a) shall have effect in relation to a teacher in a school maintained by the local authority who does not hold an employment falling within that provision as it has effect in relation to a teacher in such a school who holds such an employment.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) For the purposes of subsection (1) ... (d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the ... conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of the non-prosecution thereof shall be deemed to be the date of the ... conviction, ....

• (5A) See also section 81A (disqualification relating to sexual offences etc (England)).

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Boundary Commission for Wales.

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Where a person is disqualified under section 80 above by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Section 80(2) and (3) above shall not operate so as to disqualify—

• (a) any person by reason of his being a teacher, or otherwise employed, in a school, . . . or other educational institution maintained or assisted by a county council for being a member of a district council by reason that the district council nominates members of the education committee of the county council; or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82

• (1) The acts and proceedings of any person elected to an office under this Act or elected or appointed to an office under Part . . . IV of the Local Government Act 1985or elected as elected mayor or executive leader and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

• (2) Subsection (1) above shall have effect, in relation to the Broads Authority, as if the reference to this Act included a reference to the Norfolk and Suffolk Broads Act 1988.

Acceptance, resignation and vacation of office, and casual vacancies

83

• (1) The person elected to any of the following offices, that is to say, the office of chairman, vice-chairman, presiding member, deputy presiding member, . . . councillor or elected mayor of the council of a county , county borough, district or London borough . . . shall not, unless he has made a declaration of acceptance of office in a form prescribed by an order made by the Secretary of State, and the declaration has within two months from the day of the election been delivered to the proper officer of the council, act in the office except for the purpose of taking such a declaration.

• (2) If such a declaration is not made and delivered to the proper officer within the appointed time, the office of the person elected shall at the expiration of that time become vacant.

• (3) The declaration shall be made before either—

• (a) two members of the council to which the declarant is elected; or

• (aa) an elected mayor of the council to which the declarant is elected; or

• (b) the proper officer of the council; or

• (c) a justice of the peace or magistrate in the United Kingdom, the Channel Isles or the Isle of Man; or

• (d) a commissioner appointed to administer oaths in the Senior Courts.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) A person elected to the office of chairman of a parish or community council or parish or community councillor shall—

• (a) in the case of the chairman, at the meeting at which he is elected;

• (b) in the case of a councillor, before or at the first meeting of the parish or community council after his election; or

• (c) in either case if the council at that meeting so permit, before or at a later meeting fixed by the council;

make in the presence of a member of the council or of the proper officer of the council and deliver to the council a declaration of acceptance of office in a form prescribed by an order made by the Secretary of State, and if he fails to do so his office shall thereupon become vacant.

• (5) Any person before whom a declaration is authorised to be made under this section may take the declaration.

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• (1) A person elected to any office under this Act or elected as an elected mayormay at any time resign his office by written notice delivered—

• (a) except in a case falling within paragraph (b), (c) or (d) below, to the proper officer of the council;

• (b) in the case of a person elected to a corporate office in a London borough, to the proper officer of the borough;

• (c) in the case of a parish or community councillor, to the chairman of the parish or community council;

• (d) in the case of a chairman of a parish or community council or of a parish meeting, to the council or the meeting, as the case may be;

and his resignation shall take effect upon the receipt of the notice by the person or body to whom it is required to be delivered.

• (2) A person elected or appointed to an office under Part . . . IV of the Local Government Act 1985 may at any time resign his office by written notice delivered to the proper officer of the authority of which he is a member and his resignation shall take effect upon the receipt of the notice by that officer.

85

• (1) Subject to subsections (2) and (3) below, if a member of a local authority fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority before the expiry of that period, cease to be a member of the authority.

• (2) Attendance as a member at a meeting of any committee or sub-committee of the authority, or at a meeting of any joint committee, joint board or other body by whom for the time being any of the functions of the authority are being discharged, or who were appointed to advise the authority on any matter relating to the discharge of their functions, and attendance as representative of the authority at a meeting of any body of persons, shall be deemed for the purposes of subsection (1) above to be attendance at a meeting of the authority.

• (2A) Subject to subsections (2B) and (3), if a member of a local authority which are operating executive arrangements, who is also a member of the executive of that local authority, fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the executive, he shall, unless the failure was due to some reason approved by the local authority before the expiry of that period, cease to be a member of the local authority.

• (2B) For the purposes of this section—

• (a) the discharge by a member, acting alone, of any function which is the responsibility of the executive; and

• (b) in respect of a mayor and cabinet executive or leader and cabinet executive, attendance as a member at a meeting of a committee of the executive,

shall each be deemed to be attendance at a meeting of the executive.

• (3) A member of any branch of Her Majesty’s naval, military or air forces when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence, shall not cease to be a member of a local authority by reason only of a failure to attend meetings of the local authority or of a failure to attend meetings of the executive if the failure is due to that employment.

• (3A) Any period during which a member of a local authority is suspended or partially suspended under section 66, ... 73, 78 ... or 79 of the Local Government Act 2000 , or suspended under section 31(4) of the Elections Act 2022, shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1) or (2A) above (and, accordingly, a period during which a member fails to attend meetings of the authority or, as the case may be, meetings of the executive that falls immediately before, and another such period that falls immediately after, a period of suspension or partial suspension shall be treated as consecutive).

• (3B) Subsections (3C) and (3D) apply for the purpose of calculating the period of six consecutive months under subsection (1) or (2A).

• (3C) Any period during which a member of a local authority in Wales is exercising a right to absence under Part 2 of the Local Government (Wales) Measure 2011 is to be disregarded.

• (3D) The following two periods are to be treated as consecutive—

• (a) the period during which a member of a local authority in Wales fails to attend meetings of the authority or, as the case may be, meetings of the executive that falls immediately before the period described in subsection (3C), and

• (b) the period that falls immediately after the period described in subsection (3C).

• (4) In this section “local authority” includes a joint authority , an economic prosperity board , a combined authority and a combined county authority . . .

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• (1) Where a member of a local authority—

• (a) ceases to be qualified to be a member of the authority; or

• (b) becomes disqualified for being a member of the authority otherwise than under section 80A(1)(c) of this Act, section 79 of the Local Government Act 2000 or section 34 of the Localism Act 2011 or by virtue of, a conviction or a breach of any provision of Part II of the Representation of the People Act 1983 , or by virtue of an order under section 30 of the Elections Act 2022; or

• (c) ceases to be a member of the authority by reason of failure to attend meetings of the authority;

the authority shall, except in any case in which a declaration has been made by the High Court under this Part of this Act, forthwith declare his office to be vacant.

• (2) In this section “local authority” includes a joint authority , an economic prosperity board , a combined authority and a combined county authority ...

87

• (1) For the purpose of filling a casual vacancy in any office for which an election is held under this Act, the date on which the vacancy is to be deemed to have occurred shall be—

• (a) in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;

• (b) in the case of resignation, upon the receipt of the notice of resignation by the person or body to whom the notice is required to be delivered;

• (c) in the case of death, on the date of death;

• (d) in the case of a disqualification by virtue of a conviction, on the expiration of the ordinary period allowed for making an appeal or application with respect to the ... conviction or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;

• (da) in the case of disqualification of a member of a local authority in Wales under paragraph (c) of section 80A(1), on the date on which the person becomes disqualified under that paragraph;

• (db) in the case of a disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc), on the date the office is vacated in accordance with section 31 of that Act (vacation of office etc);

• (e) in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;

• (ee) in the case of a disqualification under section ... 79 of the Local Government Act 2000 or section 34 of the Localism Act 2011 or, on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant decision or order under that section or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;

• (f) in the case of a person ceasing to be qualified to be a member of a local authority, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to (ee) above, or ceasing to be a member of a local authority by reason of failure to attend meetings, on the date on which his office is declared to have been vacated either by the High Court or by the local authority, as the case may be; and

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) In a case where subsection (1)(db) and one or both of subsections (1)(d) and (1)(da) apply in relation to a vacancy, the vacancy is to be deemed to have occurred on the date mentioned in subsection (1)(db).

• (2) Public notice of a casual vacancy in any such office as is referred to in subsection (1) above shall be given by the local authority in which the office exists; and the steps required to be taken to give public notice in accordance with section 232 below shall be taken—

• (a) in a case where the local authority declare the office to be vacant, immediately after the declaration; and

• (b) in any other case, as soon as practicable after the date on which, by virtue of subsection (1) above, the vacancy is deemed to have occurred.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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• (1) On a casual vacancy occurring in the office of chairman of any council . . ., an election to fill the vacancy shall be held not later than the next ordinary meeting of the council held after the date on which the vacancy occurs, or if that meeting is held within fourteen days after that date, then not later than the next following ordinary meeting of the council, and shall be conducted in the same manner as an ordinary election.

• (2) . . . , a meeting of the council for the election may be convened by the proper officer of the authority.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In a parish not having a separate parish council, a casual vacancy in the office of chairman of the parish meeting shall be filled by the parish meeting, and a parish meeting shall be convened for the purpose of filling the vacancy forthwith.

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• (1) Subject to the provisions of this section, on a casual vacancy occurring in the office of councillor for any principal area, an election to fill the vacancy shall be held—

• (a) in a case in which the High Court or the council have declared the office to be vacant, within thirty-five days (computed in accordance with section 243(4) below) from the date of the declaration;

• (b) in any other case, within thirty-five days (so computed) after notice in writing of the vacancy has been given to the proper officer of the authority by two local government electors for the area.

• (2) The day of election to fill a casual vacancy in any office mentioned in subsection (1) above shall be fixed by the returning officer . . .

• (3) Where a casual vacancy in any such office occurs within six months before the day on which the councillor whose office is vacant would regularly have retired, an election shall not be held under subsection (1) above unless on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members; and where an election under subsection (1) above is not held, the vacancy shall be filled at the next ordinary election.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Where more than one casual vacancy in the office of councillor of a district in which councillors are elected by thirds is filled at the same election, the person elected by the smallest number of votes shall be deemed to be elected in place of the councillor who would regularly have first retired, and the person elected by the next smallest number of votes shall be deemed to be elected in place of the councillor who would regularly have next retired and so with respect to the others; and if there has not been a contested election, or if any doubt arises, the order of retirement shall be determined by lot.

• (5) Where an election to fill one or more casual vacancies in the office of councillor of any such district is combined with an ordinary election of councillors, the following provisions shall apply—

• (a) where an election is contested—

• (i) the persons who are elected by the smallest numbers of votes, or if any relevant votes are equal such persons as are determined by lot, shall be deemed elected to fill the casual vacancies;

• (ii) if the persons elected to fill the casual vacancies will hold office for different periods, the person elected by the smallest number of votes or, if the relevant votes are equal, such person as is determined by lot, shall hold office for the shorter period, and so with respect to the others;

• (b) where the election is not contested—

• (i) those declared elected (if fewer than the vacancies to be filled) shall be deemed elected to fill the vacancies in which they will hold office for the longest periods;

• (ii) where there are two or more persons declared elected and they are to fill vacancies in which they will hold office for different periods, any retiring councillors elected shall be deemed elected to fill the vacancies in which they will hold office for the longest period, and the question which of the persons declared elected who are not retiring councillors is to be deemed elected to fill any of the vacancies not filled by retiring councillors shall be determined by lot.

• (6) A casual vacancy among parish or community councillors shall be filled by election or by the parish or community council in accordance with rules made under section 36 of the Representation of the People Act 1983 in the case of a parish council or, in the case of a community council, made under section 36A of the 1983 Act.

• (7) Where under this section any question is required to be determined by lot—

• (a) in the case of a contested election, the lot shall be drawn by the returning officer immediately after the question has arisen; and

• (b) in any other case, the lot shall be drawn at the next meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.

Alteration of local boundaries consequent on alteration of water-course.

90

A person elected or appointed under the foregoing provisions of this Act in England or Wales or under Part . . . IV of the Local Government Act 1985 to fill any casual vacancy . . . shall hold office until the date upon which the person in whose place he is elected or appointed would regularly have retired, and he shall then retire.

91

• (1) Where there are so many vacancies in the office of parish or community councillor that the parish or community council are unable to act, the district council or Welsh principal council may by order appoint persons to fill all or any of the vacancies until other councillors are elected and take up office.

• (2) In the case of a common parish council under which are grouped, by virtue of section 11(5) above, parishes situated in different districts, the reference in subsection (1) above to the district council shall be construed as a reference to the council of the district in which there is the greater number of local government electors for the parishes in the group.

• (3) Two copies of every order made under this section shall be sent to the Secretary of State.

Proceedings for disqualification

92

• (1) Proceedings against any person on the ground that he acted or claims to be entitled to act as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted by, and only by, any local government elector for the area concerned—

• (a) in the High Court or a magistrates’ court if that person so acted;

• (b) in the High Court if that person claims to be entitled so to act;

but proceedings under paragraph (a) above shall not be instituted against any person after the expiration of more than six months from the date on which he so acted.

• (2) Where in proceedings instituted under this section it is proved that the defendant has acted as a member of a local authority while disqualified for so acting, then—

• (a) if the proceedings are in the High Court, the High Court may—

• (i) make a declaration to that effect and declare that the office in which the defendant has acted is vacant;

• (ii) grant an injunction restraining the defendant from so acting;

• (iii) order that the defendant shall forfeit to Her Majesty such sum as the court think fit, not exceeding £50 for each occasion on which he so acted while disqualified;

• (b) if the proceedings are in a magistrates’ court, the magistrates’ court may, subject to the provisions of this section, convict the defendant and impose on him a fine not exceeding level 3 on the standard scale for each occasion on which he so acted while disqualified.

• (3) Where proceedings under this section are instituted in a magistrates’ court, then—

• (a) if the court is satisfied that the matter would be more properly dealt with in the High Court, it shall by order discontinue the proceedings;

• (b) if the High Court, on application made to it by the defendant within fourteen days after service of the summons, is satisfied that the matter would be more properly dealt with in the High Court, it may make an order, which shall not be subject to any appeal, requiring the magistrates’ court by order to discontinue the proceedings.

• (4) Where in proceedings instituted under this section in the High Court it is proved that the defendant claims to act as a member of a local authority and is disqualified for so acting, the court may make a declaration to that effect and declare that the office in which the defendant claims to be entitled to act is vacant and grant an injunction restraining him from so acting.

• (5) No proceedings shall be instituted against a person otherwise than under this section on the ground that he has, while disqualified for acting as a member of a local authority, so acted or claimed to be entitled so to act.

• (6) For the purposes of this section a person shall be deemed to be disqualified for acting as a member of a local authority—

• (a) if he is not qualified to be, or is disqualified for being, a member of the authority; or

• (b) if by reason of failure to make and deliver the declaration of acceptance of office within the period required, or by reason of resignation or failure to attend meetings of the local authority, he has ceased to be a member of the authority.

• (7) In this section “local authority” includes a joint authority , an economic prosperity board , a combined authority and a combined county authority ... ; and in relation to a joint authority , an economic prosperity board , a combined authority or a combined county authority the reference in subsection (1) above to a local government elector for the area concerned shall be construed as a reference to a local government elector for any local government area in the area for which the authority is established.

• (7A) This section applies to a corporate joint committee as it applies to a local authority and, in relation to a corporate joint committee, the reference in subsection (1) to a local government elector for the area concerned is to be construed as a reference to a local government elector for any local government area in the area specified as the corporate joint committee’s area in regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.

• (7B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In relation to the Broads Authority, the reference in subsection (1) above to a local government elector for the area concerned shall be construed as a reference to a local government elector for the area of any of the local authorities mentioned in section 1(3)(a) of the Norfolk and Suffolk Broads Act 1988.

Restrictions on voting

93

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95

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96

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98

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Meetings and proceedings

99

The provisions of Schedule 12 to this Act shall have effect with respect to the meetings and proceedings of local authorities , joint authorities, economic prosperity boards, combined authorities, combined county authorities, .... ... and their committees, parish meetings and their committees and community meetings.

100

• (1) For the purpose of securing the admission, so far as practicable, of the public (including the press) to all meetings of committees of local authorities as well as to meetings of local authorities themselves, the Public Bodies (Admission to Meetings) Act 1960 (in this section referred to as “the 1960 Act”) shall have effect subject to the following provisions of this section.

The Public Bodies (Admission to Meetings) Act 1960 (“the 1960 Act”) has effect in relation to meetings of committees of local authorities, subject to subsection (2).

• (2) Without prejudice to section 2(1) of the 1960 Act (application of section 1 of that Act to any committee of a body whose membership consists of or includes all members of that body) section 1 of the 1960 Act shall apply . . . to any committee appointed by one or more local authorities under section 102 below, not being a committee falling within section 2(1) of the 1960 Act or section 100E(3)(a) or (b) below (whether or not by virtue of section 100J below).

• (3) Where section 1 of the 1960 Act applies to a committee by virtue of subsection (2) above, then, for the purposes of subsection (4)(c) of that section, premises belonging to the local authority or one or more of the local authorities which appointed the committee shall be treated as belonging to the committee.

Part VA — Access to Meetings and Documents of Certain Authorities, Committees and Sub-Committees.

Admission to meetings of principal councils.

100A

• (1) A meeting of a principal council shall be open to the public except to the extent that they are excluded (whether during the whole or part of the proceedings) under subsection (2) below or by resolution under subsection (4) below.

• (2) The public shall be excluded from a meeting of a principal council during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during that item, confidential information would be disclosed to them in breach of the obligation of confidence; and nothing in this Part shall be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.

• (3) For the purposes of subsection (2) above, “confidential information” means—

• (a) information furnished to the council by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public; and

• (b) information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court;

and, in either case, the reference to the obligation of confidence is to be construed accordingly.

• (4) A principal council may by resolution exclude the public from a meeting during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt information, as defined in section 100I below.

• (5) A resolution under subsection (4) above shall—

• (a) identify the proceedings, or the part of the proceedings, to which it applies, and

• (b) state the description, in terms of Schedule 12A to this Act, of the exempt information giving rise to the exclusion of the public,

and where such a resolution is passed this section does not require the meeting to be open to the public during proceedings to which the resolution applies.

• (5A) Where the public are excluded from a meeting of a principal council in England under subsection (2) or (4), the council may also prevent any person from reporting on the meeting using methods—

• (a) which can be used without that person’s presence at the meeting, and

• (b) which enable persons not present at the meeting to see or hear the proceedings at the meeting as it takes place or later.

• (6) The following provisions shall apply in relation to a meeting of a principal council, that is to say—

• (a) public notice of the time and place of the meeting shall be given by posting it at the offices of the council five clear days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

• (b) while the meeting is open to the public, the council shall not have power to exclude members of the public from the meeting; and

• (c) subject to subsection (7D), while the meeting is open to the public, duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers shall, so far as practicable, be afforded reasonable facilities for taking their report and, unless the meeting is held in premises not belonging to the council or not on the telephone, for telephoning the report at their own expense.

• (7) Subject to subsection (7A) nothing in this section shall require a principal council to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

• (7A) While a meeting of a principal council in England is open to the public, any person attending is to be permitted to report on the meeting.

• (7B) Subsection (7A) does not require a principal council in England to permit oral reporting or oral commentary on a meeting as it takes place if the person reporting or providing the commentary is present at the meeting.

• (7C) A person attending a meeting of a principal council in England for the purpose of reporting on the meeting must, so far as practicable, be afforded reasonable facilities for doing so.

• (7D) Subsection (7C) applies in place of subsection (6)(c) in the case of a principal council in England.

• (7E) Any person who attends a meeting of a principal council in England for the purpose of reporting on the meeting may use any communication method, including the internet, to publish, post or otherwise share the results of the person’s reporting activities.

• (7F) Publication and dissemination may take place at the time of the meeting or occur after the meeting.

• (8) This section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.

• (9) In this section “reporting” means—

• (a) filming, photographing or making an audio recording of proceedings at a meeting,

• (b) using any other means for enabling persons not present to see or hear proceedings at a meeting as it takes place or later, or

• (c) reporting or providing commentary on proceedings at a meeting, orally or in writing, so that the report or commentary is available as the meeting takes place or later to persons not present.

100B

• (1) Copies of the agenda for a meeting of a principal council and, subject to subsection (2) below, copies of any report for the meeting shall be open to inspection by members of the public at the offices of the council in accordance with subsection (3) below.

• (2) If the proper officer thinks fit, there may be excluded from the copies of reports provided in pursuance of subsection (1) above the whole of any report which, or any part which, relates only to items during which, in his opinion, the meeting is likely not to be open to the public.

• (3) Any document which is required by subsection (1) above to be open to inspection shall be so open at least five clear days before the meeting, except that—

• (a) where the meeting is convened at shorter notice, the copies of the agenda and reports shall be open to inspection from the time the meeting is convened, and

• (b) where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (or of the revised agenda), and the copies of any report for the meeting relating to the item, shall be open to inspection from the time the item is added to the agenda;

but nothing in this subsection requires copies of any agenda, item or report to be open to inspection by the public until copies are available to members of the council.

• (4) An item of business may not be considered at a meeting of a principal council unless either—

• (a) a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) above for at least five clear days before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or

• (b) by reason of special circumstances, which shall be specified in the minutes, the chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.

• (5) Where by virtue of subsection (2) above the whole or any part of a report for a meeting is not open to inspection by the public under subsection (1) above—

• (a) every copy of the report or of the part shall be marked “Not for publication”; and

• (b) there shall be stated on every copy of the whole or any part of the report the description, in terms of Schedule 12A to this Act, of the exempt information by virtue of which the council are likely to exclude the public during the item to which the report relates.

• (6) Where a meeting of a principal council is required by section 100A above to be open to the public during the proceedings or any part of them, there shall be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and, subject to subsection (8) below, of the reports for the meeting.

• (7) There shall, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—

• (a) a copy of the agenda for a meeting of a principal council and, subject to subsection (8) below, a copy of each of the reports for the meeting;

• (b) such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda; and

• (c) if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the council in connection with the item.

• (8) Subsection (2) above applies in relation to copies of reports provided in pursuance of subsection (6) or (7) above as it applies in relation to copies of reports provided in pursuance of subsection (1) above.

100C

• (1) After a meeting of a principal council in England the following documents shall be open to inspection by members of the public at the offices of the council until the expiration of the period of six years beginning with the date of the meeting, namely—

• (a) the minutes, or a copy of the minutes, of the meeting, excluding so much of the minutes of proceedings during which the meeting was not open to the public as discloses exempt information;

• (b) where applicable, a summary under subsection (2) below;

• (c) a copy of the agenda for the meeting; and

• (d) a copy of so much of any report for the meeting as relates to any item during which the meeting was open to the public.

• (1A) After a meeting of a principal council in Wales the documents listed in subsection (1B) must—

• (a) be published electronically, and

• (b) remain accessible electronically to members of the public until the expiration of the period of six years beginning with the date of the meeting.

• (1B) The documents are—

• (a) the minutes, or a copy of the minutes, of the meeting, excluding so much of the minutes of proceedings during which the meeting was not open to the public as discloses exempt information,

• (b) where applicable, a summary under subsection (2),

• (c) a copy of the agenda for the meeting, and

• (d) a copy of so much of any report for the meeting as relates to any item during which the meeting was open to the public.

• (1C) As soon as reasonably practicable after a meeting of a principal council in Wales, and in any event before the end of seven working days beginning with the day on which the meeting is held, the council must publish electronically a note setting out—

• (a) the names of the members who attended the meeting, and any apologies for absence;

• (b) any declarations of interest;

• (c) any decision taken at the meeting, including the outcomes of any votes, but excluding anything relating to a decision taken when the meeting was not open to the public as discloses exempt information.

• (2) Where, in consequence of the exclusion of parts of the minutes which disclose exempt information, the document open to inspection under subsection (1)(a) above or the document published under subsections (1A) and (1B)(a), does not provide members of the public with a reasonably fair and coherent record of the whole or part of the proceedings, the proper officer shall make a written summary of the proceedings or the part, as the case may be, which provides such a record without disclosing the exempt information.

100D

• (1) Subject, in the case of section 100C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a principal council are required by section 100B(1) or 100C(1) above to be open to inspection by members of the public , or are required by section 100BA(1) or 100C(1A) to be published electronically —

• (a) those copies shall each include a copy of a list, compiled by the proper officer, of the background papers for the report or the part of the report, ...

• (b) in relation to a principal council in England, at least one copy of each of the documents included in that list shall also be open to inspection at the offices of the council., and

• (c) in relation to a principal council in Wales, each of the documents included in that list must be published electronically, but if in the opinion of the proper officer it is not reasonably practicable to publish a document included in the list electronically at least one copy of the document must be open to inspection at the offices of the council.

• (2) In relation to a principal council in England, Subsection (1) above does not require a copy . . . of any document included in the list, to be open to inspection after the expiration of the period of four years beginning with the date of the meeting.

• (2A) In relation to a principal council in Wales, copies of documents included in the list must—

• (a) where they are published under subsection (1)(c), remain accessible electronically to members of the public until the expiration of the period of six years beginning with the date of the meeting, and

• (b) where they are open to inspection under subsection (1)(c), be open to inspection by members of the public at the offices of the council until the expiration of that period.

• (3) Where a copy of any of the background papers for a report is required by subsection (1) above to be open to inspection by members of the public, the copy shall be taken for the purposes of this Part to be so open if arrangements exist for its production to members of the public as soon as is reasonably practicable after the making of a request to inspect the copy.

• (4) Nothing in this section—

• (a) requires any document which discloses exempt information to be included in the list referred to in subsection (1) above; or

• (b) without prejudice to the generality of subsection (2) of section 100A above, requires or authorises the inclusion in the list of any document which, if open to inspection by the public or published electronically , would disclose confidential information in breach of the obligation of confidence, within the meaning of that subsection.

• (5) For the purposes of this section the background papers for a report are those documents relating to the subject matter of the report which—

• (a) disclose any facts or matters on which, in the opinion of the proper officer, the report or an important part of the report is based, and

• (b) have, in his opinion, been relied on to a material extent in preparing the report,

but do not include any published works.

100E

• (1) Sections 100A to 100D above shall apply in relation to a committee or sub-committee of a principal council as they apply in relation to a principal council.

• (1A) But in section 100A, subsections (5A), (7A) to (7F) and (9) do not apply to a committee which is appointed or established jointly by one or more principal councils in England and one or more principal councils in Wales, or a sub-committee of such a committee.

• (2) In the application by virtue of this section of sections 100A to 100D 100C above in relation to a committee or sub-committee—

• (a) section 100A(6)(a) shall be taken to have been complied with if the notice is given by posting it at the time there mentioned at the offices of every constituent principal council and, if the meeting of the committee or sub-committee to which that section so applies is to be held at premises other than the offices of such a council, at those premises published electronically on the website of every constituent council;

• (b) for the purposes of section 100A(6)(c), premises belonging to a constituent principal council shall be treated as belonging to the committee or sub-committee; ...

• (ba) the requirement in sections 100A(6)(aa), 100BA(1), 100C(1A) and (1C) and 100D(1)(c) to publish a document electronically is complied with if it is published electronically by every constituent principal council;

• (bb) the requirement in sections 100C(1A) and 100D(2A)(a) for a document to remain accessible electronically is complied with if the document remains accessible on the website of every constituent principal council; and

• (c) for the purposes of sections 100B(1), 100C(1) and 100D(1) and (2A)(b), offices of any constituent principal council shall be treated as offices of the committee or sub-committee.

• (3) Any reference in this Part to a committee or sub-committee of a principal council is a reference to—

• (a) a committee which is constituted under an enactment specified in section 101(9) below or which is appointed by one or more principal councils under section 102 below; or

• (b) a joint committee not falling within paragraph (a) above which is appointed or established under any enactment by two or more principal councils and is not a body corporate; or

• (bba) a committee in place by virtue of section 107D(3)(c)(ii) of the Local Democracy, Economic Development and Construction Act 2009;

• (bbb) a joint committee in place by virtue of section 107E of that Act;

• (bb) the Navigation Committee of the Broads Authority; or

• (c) a sub-committee appointed or established under any enactment by one or more committees falling within paragraphs (a) to (bb) above.

• (4) Any reference in this Part to a constituent principal council, in relation to a committee or sub-committee, is a reference—

• (a) in the case of a committee, to the principal council, or any of the principal councils, of which it is a committee; and

• (b) in the case of a sub-committee, to any principal council which, by virtue of paragraph (a) above, is a constituent principal council in relation to the committee, or any of the committees, which established or appointed the sub-committee.

100EA

• (1) The appropriate authority may by regulations make provision for written records of decisions made or action taken by a member of a local authority, in exercise of a function of the authority by virtue of arrangements made under section 236 of the Local Government and Public Involvement in Health Act 2007 or under section 56 of the Local Government (Wales) Measure 2011, to be made and provided to the authority by the member.

• (2) Any written record provided to the authority under regulations under subsection (1) shall be open to inspection by members of the public at the offices of the authority for the period of six years beginning with the date on which the decision was made or action was taken.

• (2A) In this section “appropriate authority” means—

• (a) in relation to local authorities in England, the Secretary of State;

• (b) in relation to local authorities in Wales, the Welsh Ministers.

• (c) in subsection (3), after “Parliament” insert “ (in the case of regulations made by the Secretary of State) or a resolution of the National Assembly for Wales (in the case of regulations made by the Welsh Ministers) ”.

• (3) A statutory instrument containing regulations under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

100F

• (1) Any document which is in the possession or under the control of a principal council and contains material relating to any business to be transacted at a meeting of the council or a committee or sub-committee of the council shall, subject to subsections (2) to (2C) below, be open to inspection by any member of the council.

• (2) In relation to a principal council in England, subsection (1) above does not require the document to be open to inspection if it appears to the proper officer that it discloses exempt information.

• (2A) But subsection (1) above does require (despite subsection (2) above) the document to be open to inspection if the information is information of a description for the time being falling within—

• (a) paragraph 3 of Schedule 12A to this Act (except to the extent that the information relates to any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract), or

• (b) paragraph 6 of Schedule 12A to this Act.

• (2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

• (2C) In relation to a principal council in Wales, subsection (1) above does not require the document to be open to inspection if it appears to the proper officer that it discloses exempt information of a description falling within any of paragraphs 12 to 18, 21, 23, 24 and 26 of Schedule 12A to this Act.

• (3) The appropriate person may by order amend subsections (2) to (2C) above—

• (a) by adding to the descriptions of exempt information to which those subsections refer for the time being; or

• (b) by removing any description of exempt information to which those subsections refer for the time being.

• (3A) In subsection (3) above “the appropriate person” means—

• (a) in relation to England, the Secretary of State;

• (b) in relation to Wales, the National Assembly for Wales.

• (4) Any statutory instrument containing an order under subsection (3) made by the Secretary of State above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) The rights conferred by this section on a member of a principal council are in addition to any other rights he may have apart from this section.

100G

• (1) A principal council shall maintain a register stating—

• (a) the name and address of every member of the council for the time being together with, in the case of a councillor, the ward or division which he represents; and

• (b) the name and address of every member of each committee or sub-committee of the council for the time being.

• (2) A principal council shall maintain a list—

• (a) specifying those powers of the council which, for the time being, are exercisable from time to time by officers of the council in pursuance of arrangements made under this Act or any other enactment for their discharge by those officers; and

• (b) stating the title of the officer by whom each of the powers so specified is for the time being so exercisable;

but this subsection does not require a power to be specified in the list if the arrangements for its discharge by the officer are made for a specified period not exceeding six months.

• (3) There shall be kept at the offices of every principal council a written summary of the rights—

• (a) to attend meetings of a principal council and of committees and sub-committees of a principal council, and

• (b) to inspect and copy documents and to be furnished with documents,

which are for the time being conferred by this Part, Part XI below and such other enactments as the Secretary of State by order specifies.

• (4) The register maintained under subsection (1) above, the list maintained under subsection (2) above and the summary kept under subsection (3) above shall be open to inspection by the public at the offices of the council.

• (5) But, in relation to a principal council in Wales, the information open to inspection under subsection (4) must not include a member’s address included in the register maintained under subsection (1).

100H

• (1) A document directed by any provision of this Part to be open to inspection shall be so open at all reasonable hours and—

• (a) in the case of a document open to inspection by virtue of section 100D(1) above, upon payment of such reasonable fee as may be required for the facility; and

• (b) in any other case, without payment.

section 100G to be open to inspection is to be open to inspection at all reasonable hours and without payment.

• (2) In relation to a principal council in England, Where a document is open to inspection by a person under any provision of this Part section 100G, the person may, subject to subsection (3) below—

• (a) make copies of or extracts from the document, or

• (b) require the person having custody of the document to supply to him a photographic copy of or of extracts from the document,

upon payment of such reasonable fee as may be required for the facility.

• (2A) In relation to a principal council in Wales, where a document is open to inspection by a person under any provision of this Part the person may, subject to subsection (3) below—

• (a) make copies of the document or parts of the document, or

• (b) require the person having custody of the document to provide a copy of the document or of parts of the document,

upon payment of such reasonable fee as may be required for the facility.

• (3) Subsections (2), (2A) and (6A) do not require or authorise the doing of any such act which infringes the copyright in any work except that, where the owner of the copyright is a principal council, nothing done in pursuance of those subsections shall constitute an infringement of the copyright.

• (3A) Provisions in this Part which require the publication or supply of documents do not require or authorise the doing of any act which infringes the copyright in any work except that, where the owner of the copyright is a principal council, nothing done in pursuance of those provisions shall constitute an infringement of the copyright.

• (3A) Provisions in this Part which require the publication of documents by a principal council in Wales do not require or authorise the doing of any act which infringes the copyright in any work except that, where the owner of the copyright is the council, nothing done in pursuance of those provisions constitutes an infringement of the copyright.

• (4) If, without reasonable excuse, a person having the custody of a document which is required by section 100B(1) , 100C(1) or 100EA(2) above to be open to inspection by the public—

• (a) intentionally obstructs any person exercising a right conferred by this Part to inspect, or to make a copy of or extracts from, the document, or

• (b) refuses to furnish copies to any person entitled to obtain them under any provision of this Part,

he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

• (5) Where any accessible document for a meeting to which this subsection applies—

• (a) is supplied to, or open to inspection by, a member of the public, ...

• (aa) is published electronically by a principal council in Wales, or

• (b) is supplied for the benefit of any newspaper, in pursuance of section 100B(7) or 100BA(9) above,

is published electronically or supplied to a member of the public in accordance with this Part,

the publication thereby of any defamatory matter contained in the document shall be privileged unless the publication is proved to be made with malice.

• (6) Subsection (5) above applies to any meeting of a principal council and any meeting of a committee or sub-committee of a principal council; and, for the purposes of that subsection, the “accessible documents”; for a meeting are the following—

• (a) any copy of the agenda or of any item included in the agenda for the meeting;

• (b) any such further statements or particulars for the purpose of indicating the nature of any item included in the agenda as are mentioned in section 100B(7)(b) or 100BA(9)(b) above;

• (c) any copy of a document relating to such an item which is supplied for the benefit of a newspaper in pursuance of section 100B(7)(c) or 100BA(9)(c) above;

• (d) any copy of the whole or part of a report for the meeting;

• (e) any copy of the whole or part of any background papers for a report for the meeting, within the meaning of section 100D above.

• (f) the note required to be published by a principal council in Wales under section 100C(1C).

• (6A) A principal council in Wales must put in place facilities for members of the public who would otherwise not be able to do so, to access—

• (a) notices or other documents required to be published electronically under sections 100A(6)(aa), 100BA(1), 100C(1A) and (1C) and 100D(1)(c), and

• (b) documents required to remain accessible electronically under sections 100C(1A) and 100D(2A)(a).

• (7) The rights conferred by this Part to inspect or otherwise access, copy and be furnished with documents are in addition, and without prejudice, to any such rights conferred by or under any other enactment.

• (8) A principal council in Wales must have regard to any guidance issued by the Welsh Ministers about the exercise of its functions relating to the publication, provision and inspection of documents under this Part.

100I

• (1) In relation to principal councils in England,the descriptions of information which are, for the purposes of this Part, exempt information are those for the time being specified in Part I of Schedule 12A to this Act, but subject to any qualifications contained in Part II of that Schedule; and Part III has effect for the interpretation of Parts 1 to 3 of that Schedule.

• (1A) In relation to principal councils in Wales, the descriptions of information which are, for the purposes of this Part, exempt information are those for the time being specified in Part 4 of Schedule 12A to this Act, but subject to any qualifications contained in Part 5 of that Schedule; and Part 6 has effect for the interpretation of Parts 4 to 6 of that Schedule.

• (2) The appropriate person may by order vary Schedule 12A to this Act by adding to it any description or other provision or by deleting from it or varying any description or other provision for the time being specified or contained in it.

• (3) The appropriate person may exercise the power conferred by subsection (2) above by amending any Part of Schedule 12A to this Act, with or without amendment of any other Part.

• (3A) In this section “the appropriate person” means—

• (a) in relation to England, the Secretary of State;

• (b) in relation to Wales, the National Assembly for Wales.

• (4) Any statutory instrument containing an order under this section made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

100J

• (1) Except in this section, and subject as follows, any reference in this Part to a principal council includes a reference to—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) a joint authority;

• (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (bc) an economic prosperity board;

• (bd) a combined authority;

• (bda) a combined county authority;

• (be) Transport for London;

• (bf) a sub-national transport body;

• (c) the Common Council;

• (cc) The Broads Authority;

• (cd) a National Park authority;

• (d) a joint board or joint committee falling within subsection (2) below;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (eza) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .